The Calcutta High Court on Monday barred candidates declared as ‘tainted’ by the Supreme Court from participating in the fresh recruitment process for assistant teachers in West Bengal [Sujoy Kumar Doloi & Anr v The State of West Bengal & Ors]. 

Justice Saugata Bhattacharya noted that these candidates’ initial appointment was a result of fraud and cheating.

“In view of aforesaid discussion, respondent authorities including WBCSSC [West Bengal Central School Service Commission] are directed to proceed with the selection process which started vide recruitment notification dated 30th May, 2025 but in the said selection process tainted candidates shall not be permitted to participate. If any tainted candidate has submitted application in order to offer his or her candidature pursuant to said recruitment notification dated 30th May, 2025 same stands cancelled,” the Court ordered. 

However, it refused to interfere with the government’s decision to mandate that the candidates must have scored 50% marks at the graduation and post-graduation level to apply for the job. 

“Fixation of minimum marks in a selection process which in the present case has been fixed as 50% instead of 45% which was prevalent in graduation and post graduation level is policy decision of the recruiting authority which ought not to be interfered with,” the Court said. 

The Bench ordered the government to bring the selection process to its logical conclusion and adhere to the schedule fixed by the Supreme Court. 

Justice Bhattacharya passed the order while dealing with a batch of petitions filed by “untainted” candidates challenging the West Bengal government’s decision to allow even “tainted” candidates to reapply for assistant teacher jobs in the fresh recruitment. 

The earlier recruitment process of 2016 was cancelled by the Calcutta High Court and the Supreme Court after they suspected fraud.

In this context, the term “tainted candidates” refers to those who used fraudulent means to get the job, while “untainted candidates” means those against whom no allegation surfaced. 

After the High Court dictated the order, the WBCSCC prayed for a stay on the operation of the part debarring tainted candidates from participating in the selection process. 

However, the Court refused the plea. 

It also denied the petitioners’ prayer to stay the order with regard to the fixation of minimum marks at the graduation /post-graduation level. 

[Read Order]